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6 Things You Must Know About Filing a Personal Injury Lawsuit

— December 16, 2020

If you were hurt or your loved one has died due to someone else’s negligence, you must know some facts before issuing a personal injury lawsuit against the at-fault party. A case may result in a trial before a jury; but often, they don’t. This article explores the prerequisite knowledge that you must have before you file a personal injury case.  

1. Personal injury law covers more than just car accidents

Though most personal injury cases apply to accidents with motor vehicles, any kind of accident due to another person’s negligence is covered under personal injury law. A personal injury case may be registered if the injury is due to any consumer product, accidents occurred in unsafe premises, wrongful death, and pet bites.

2. Settlement offered by insurance companies are always not fair  

Insurance companies will try to limit the pay for medical expenses and other damages that meet their interest to avoid paying more money. Your undervalued claim can have a long-term effect with financial adversities if you cannot work temporarily for your injuries. 

3. Consult a legal expert

Severe injuries may cost you thousands of dollars of medical expenses, and the person may not work temporarily or may have to lose work capability forever. Besides the physical pain, there is mental and emotional trauma, and it is not easy to look after many factors alone. 

Consulting an experienced lawyer will help you find legal options and help you avail the right compensation. They can focus on paperwork, documentation, and other legal works while you can take care of your recovery.

4. Calculate your compensation

Your personal injury compensation will include the following:

  • Ongoing and future medical expenses
  • Loss of earnings
  • Pain and trauma

In cases of wrongful death, compensation comprises:

  • Medical expenses spent before death
  • Funeral and burial expenses
  • Loss of financial support
  • Loss of consortium or companionship

The compensation varies according to the case, and your lawyer will help you calculate the exact amount you deserve.

5. Every case is unique

Every personal injury case has its specifications, and the claims depend on the type, cause, and other factors related to injuries. The circumstances also vary in duration and scenario that decides if it would be settled or goes to trial.

6. Time and proofs are crucial

When the injury or death occurred due to another person’s negligence, proving the same is sometimes very challenging. Instead of wasting your valuable time in confusion, consult an attorney who has expertise in this specific area. There are some time limits in pursuing a personal injury case, which is somewhere between 2 to 3 years from the time of injury.

Image of a Doctor Looking at an X-Ray
Doctor Looking at an X-Ray; image courtesy of via Unsplash,

It is also crucial to collect evidence to support your claim; your lawyer can guide you or gather information and access necessary medical records and reports.

Final thoughts

Now that you are aware of the complexities of carrying out a personal injury lawsuit against the negligent party, it is advisable to talk your case with an experienced lawyer.

Personal injury lawsuit has its specificities, and only a lawyer can help you guide and support throughout the legal route.

If you are hurt or lose someone close to you due to another person’s negligence, lose no time in wondering what to do and how to proceed. A lawsuit process is complex; there may be twists and turns requiring unique and niche expertise. Take an expert opinion. 

Remember that you have every right to obtain your claims, and none can reduce the amount you deserve if you have a legal expert by your side. 

Your lawyer can make a difference between winning and losing a case. So choose right without any delay.

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